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HomeMy WebLinkAboutReso 1988-13733 (c) RESOLUTION NO. 13733 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND TERRA INDUSTRIES, INC. IN WHICH THE DEVELOPER OF MISSION VERDE SUBDIVISION AGREES TO PARTICIPATE IN A DISTRICT PROVIDING FOR THE CONSTRUCTION OF PASEO RANCHERO, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and TERRA INDUSTRIES, INC. in which the developer of Mission Verde Subdivision agrees to participate in a district providing for the construction of Paseo Ranchero, dated the 9th day of August , 198 ~ a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by J n P. of Tb{)mas J./P[a~ron, City Attorney P Works i / ~ 4478a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 9th doy of August 19 88 , by the following vote, to-wit: AYES; Councilmembers Moore, McCand]_~_ss, ~Tade~:, Cox NAYES: Counci 1 members ABSTAIN: Counci 1 members None ABSENT: Counci 1 members Malco:~m ~ Vista ATTEST~~' ~ Clerk S ,ATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, DO HEREBY CERTIFY thor the olDeve ond foregoing is 0 full, true ond correct copy of RESOLUTZON N0. 13733 ,ond thor the some hoe not been omended or repealed. DATED ~ ~ City Clerk CrlY OF CHUIA VISTA CC-660 AGREEMENT TO PARTICIPATE (PASEO RANCHERO) 'This Agreement To Participate (Paseo Ranchero) (the "Aqreement") is made and entered into as of the 9th day of "A6~us$. 1988, by and between the CITY OF CHULA VISTA, a municipal 66~poration (the "City"), and TERRA INDUSTRIES, INC., a California corporation ("Terra"). · RECITALS A. Terra is the owner of that certain real property (the "Property") located within the City consisting of approximately ten (10) acres and commonly known as the Mission Verde sub- division as more particularly described on tentative subdivision tract map No. 82-8 approved by the City Council on August 10, 1982 (the "Tentative Map"). B. As part of the conditions to the approval of the Tentative Map, the City has required Terra to construct a portion of Paseo Ranchero. C. The City and Terra desire to enter into this Agreement in order to satisfy such conditions and to provide for the participation by Terra in a district for the construction of additional portions of Paseo Ranchero. NOW, THEREFORE, in consideration of the above recitals and of other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. Construction of Improvements. Terra hereby agrees to construct or cause to be constructed the westerly one-half of Paseo Ranchero from the centerline of East "J" Street to the northerly boundaryof the Property in accordance with the typical section shown on the Tentative Map including any necessary storm drain,' sewer and other appurtenances and to dedicate to the City the rights-of-way required for the same (collectively, the "Improvements"). 2. Participation in District. Terra hereby agrees'to participate in a district providing for the construction of Paseo Ranchero from Telegraph Canyon Road to "H" Street, including any necessary storm drain, sewer and other appurtenances along with the rights-of-way required for the same (collectively, the "Additional Improvements") pursuant to a reimbursement agreement to be entered into with the City in which the costs incurred by TERRA.AGT 7/18/88 Terra in constructing the Improvements will be credited toward the share of the costs of construction of the Additional Improve- ments allocated to Terra under such district. 3. Satisfaction of Condition No. 7. The City hereby acknowledges that, for the purposes of recording a final subdivision map covering the Property, this Agreement satisfies that portion of the provisions of Paragraph 7 of the conditions to approval of the Tentative Map as contained in Resolution No. PCS-82-8 adopted by the Planning Commission of the City on June 23, 1982, requiring the owner of the Property to enter into an agreement with the City for the construction of the Additional Improvements; provided, however, nothing herein shall lessen or limit the obligation of the owner of the Property to execute and deliver such an agreement. 4. Bindinq Effect. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective legal representatives, successors and assigns. 5. Governinq Law. The validity, interpretation and per- formance of this Agreement shall be controlled by and construed under the laws of the State of California~ The parties hereto hereby consent to the jurisdiction of the California courts in the event any dispute arises in conjunction herewith. 6. Attorneys Fees. Should any dispute arise between the parties hereto or their legal representatives, successors and assigns concerning any provision of this Agreement or the rights and duties of any person in relation thereto, the party pre- vailing in such dispute shall be entitled, in addition to such other relief that may be granted, to a reasonable sum as and for their or his or its attorneys fees and legal costs in connection with such dispute. 7. Amendment. This Agreement may only be amended by the written consent of all of the parties to this Agreement at the time of such amendment. 8. Notices. All notices required to be given under this Agreement shall be in writing and shall be transmitted either by personal hand delivery or through the facilities of the United States Post Office, postage prepaid, certified or registered mail, return receipt requested. Any such notice shall be effective upon delivery, if hand delivered, and forty-eight (48) hours after dispatch, if mailed in accordance with the above. Notices to the respective parties shall be sent to the following addresses unless written notice of a change of address has been given pursuant hereto: If to Terra: Terra Industries, Inc. (If by Mail) P.O. Box 82417 San Diego, California 92138 2 (If by Delivery) Suite 238 8775 Aero Drive San Diego, California If to the City. City of Chula Vista Director of Public Works 276 Fourth Avenue Chula Vista, California 92010 9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original of this Agreement, but such counterparts, when taken together, shall constitute but one agreement. 10. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and supersedes any prior or concurrent written or oral agreement between said parties concerning the subject matter contained herein. There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties hereto relating to the subject matter contained in this Agreement which have not been fully expressed herein. 11. Further Assurances. Each of the parties hereto hereby agrees to execute such further documents or instruments as may be necessary or appropriate to carry out the intention of this Agreement. 12. Time of Essence. Time is of the essence of this Agree- ment and the provisions contained herein and each and every provision hereof. 13. Pronouns. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the person, persons, entity or entities may require. 14. caption Headinqs. Captions at the beginning of each numbered section or paragraph of this Agreement are solely for the convenience of the parties hereto and shall not be deemed part of the context of this Agreement. 15. Negotiated Transaction. The provisions of this Agree- ment have been negotiated by all of the parties hereto and said Agreements shall be deemed to have been drafted by all such parties. 16. Waiver. No waiver of any breach or default of this Agreement by any party hereto shall be considered to be a waiver of any prior, concurrent or subsequent breach or default of this Agreement. 3 17. Unenforceable Provisions. In the event that any provision of this Agreement shall be unenforceable or inoperative as a matter of law, the remaining provisions shall remain in full force and effect. Executed on the dates and at the places indicated below, effective as of the date first written above. ~KSSIONV/IJAGEPROPERTIES, LTD., BY: TERRA: TERRA INDUSTRIES, INC., a California corporation CITY: THE CITY OF CHULA VISTA, · ayor ~f ~e CityM ATTEST: A proved as to fo : STATE OF CALIFORNIA } COUNTY OF San Di~JQ SS. On July 20 t 1988 , herore me, the undersigned, a Notary Public in and for said County and State, persona]]y appeared Lawrerlc'e R. ~eiS known to me to be the~Presidenl, and__ , known to me to he the Secretary of, __, the corporation that ~ who executed the within instrument on behalf of said corporation, GWEN M. WHITEL~ said corporation being known to me to be one of the partners of NOTARYPUBL~-CAHF~NIA ., the ~N DIEGO COUN~ ' partnership that exectaed the within instrument, and acknowledged My Comm ExpiresNov. 23, 1990 a c t c ~n M. ~teley ~ Name (Typed or Pdn~ed) FOR NOTARY SEAL OR STAMP Nola~y Public in and [0r said C0un~y and 4 / 3 73J